(A) Generally. Written reports and applications will be deemed to have been submitted on the date received by the village.
(B) Discharge permits. All industrial users proposing to connect to or contribute to the POTW shall obtain a general industrial wastewater discharge permit before connecting to or contributing flow to the POTW. Exceptions to this requirement may be granted by the village’s pretreatment coordinator. Industries excepted from this requirement may be required to obtain a permit after being given 30 days notice by the village. All existing and new significant industrial users shall obtain supplementary permits in addition to general permits if requested by the village. All industrial users, which become significant as a result of newly promulgated national categorical pretreatment standards, shall apply for supplemental permits within 180 days after the promulgation of such standards, unless a shorter period of time is required by the applicable pretreatment standards.
(C) General industrial wastewater discharge permit application. Users required to obtain a general industrial wastewater discharge permit shall complete and file with the village, an application in a form to be prescribed and furnished by the village, and accompanied by a fee to be determined by the Board. Proposed new significant users shall apply at least 90 days prior to discharging to the POTW. In case of conflict between application deadlines for significant industrial users in division (A) above and this division, the stricter deadline shall apply. In support of the application, the user shall submit, in units and terms appropriate for evaluation, the following information:
(1) Name, address, and location.
(2) SIC number according to the Standard Industrial Classification Manual, Bureau of the Budget, 1972, as amended.
(3) Wastewater constituents and characteristics, including but not limited to those set forth in §53.022, as determined by a reliable analytical laboratory; sampling and analysis shall be performed in accordance with procedures established by the USEPA pursuant to Section 304(g) of the Act (33 USC 1314(g)) and contained in 40 CFR Part 136, as amended.
(4) Time and duration of contribution.
(5) Average and maximum wastewater flow rates, including monthly and seasonal variation, if any.
(6) Site plans showing all pipe sizes, manholes, and location of sanitary and storm sewers leaving the building or premises, together with all connections to lateral sanitary and storm sewers.
(7) Listing of each process activity.
(8) Line diagram and basic information, including capacity, of existing or proposed spill containment areas and installation.
(9) Total number of employees and, hours of operation of a plant.
(10) Proposed or actual hours of operation of pretreatment system and the name of the IEPA certified pretreatment operator.
(11) Name of authorized representative of the industrial user.
(12) User's source of intake water together with the types of usage and disposal sources of water and the estimated volumes in each category.
(13) Listing of raw materials and chemicals that are used in the manufacturing process and are capable of being discharged into the POTW.
(14) If additional user operation and maintenance or pretreatment techniques or installations will be required to meet the applicable pretreatment standards, the user will provide the shortest schedule which will provide such additional pretreatment. The completion date in this schedule shall not be later than the compliance date established for the applicable pretreatment standard.
(a) The schedule shall contain increments of progress in the form of dates for the commencement and completion of major events leading to the construction and operation of additional pretreatment required for the user to meet the applicable pretreatment standards (such as hiring an engineer, completing preliminary plans, completing final plans, executing contract for major components, commencing construction, completing construction, and the like).
(b) No increment referred to in subdivision (14)(a) above shall exceed six months.
(c) Not later than 14 days following each date in the schedule and the final date for compliance, the user shall submit a progress report to the General Manager, including, as a minimum, whether or not it complied with the increment of progress to be met on such date and, if not, the date on which it expects to comply with this increment of progress, the reason for delay, and the steps being taken by the user to return the construction to the schedule established. In no event shall more than six months elapse between such progress reports to the General Manager.
(15) Any other information as may be deemed by the village to be necessary to evaluate the permit application. The village will evaluate the data furnished by the user and may require additional information within 90 days of submission by the user. After evaluation and acceptance of the data furnished, the Board may issue a general industrial wastewater discharge permit subject to terms and conditions provided herein. Users submitting information required in this section shall not be deemed to have a permit until the Board issues such a permit under the provisions of division (B) above. The Board may deny any application for a wastewater discharge permit.
(D) Supplemental wastewater discharge permits are ancillary to the general wastewater discharge permit of the permittee and, when issued, shall become part of the permittee’s general wastewater discharge permit or supplemental permits shall constitute grounds for revocation of the general wastewater discharge permit as set forth herein and for any other enforcement actions available to the village under village ordinances found elsewhere. Within 180 days after the effective date of a national categorical pretreatment standard, or 180 days after a final administrative decision has been made upon a categorical determination submission in accordance with 40 CFR 403.3(a)(4) of the general pretreatment regulations, whichever is later, existing industrial users subject to such national categorical pretreatment standards and currently discharging to or scheduled to discharge to the village’s POTW shall obtain a supplemental wastewater discharge permit. Industrial users required to obtain a supplemental wastewater discharge permit shall complete and file with the village an application in a form to be prescribed and furnished by the village and accompanied by a fee to be determined by the Board. New sources, when subject to a national categorical pretreatment standard, shall apply for a supplemental wastewater discharge permit at least 90 days prior to discharging to the POTW. New sources are also required to include in this report information on the method of pretreatment the source intends to use to meet applicable pretreatment standards. New sources can provide verifiable estimate values for subdivisions (4) and (5) of this division (D). The village will evaluate the data furnished by the industrial user and may require additional information within 45 days of submission by the industrial user. After evaluation and acceptance of the date furnished, the village may issue a supplemental wastewater discharge permit prior to the compliance date for the applicable national categorical pretreatment standard. In support of the supplemental permit application/baseline report, the industrial user shall submit, in units and terms specified in the application, the following information:
(1) Name and address of the facility, including the name of the operator and owners.
(2) List of any environmental control permits held by or for the facility.
(3) Brief description of the nature, average rate of production, and standard industrial classification of the operation(s) carried out by such user. This description shall include a schematic process diagram indicating points of discharge to the POTW from the regulated processes.
(4) Information showing the measured average daily and maximum daily flow in gallons per day to the POTW from each of the following:
(a) Regulated process streams; and
(b) Other streams as necessary to allow user of the combined waste stream formula of 40 CFR 403.6(e) of the General Pretreatment Regulations.
(5) The industrial user shall identify the national categorical pretreatment standards applicable to each regulated process and shall:
(a) Submit the results of sampling and analysis identifying the nature and concentration (or mass, where required by the village or pretreatment standards) of regulated pollutants in the village from each regulated process. Both daily maximum and average concentration (or mass, where required by the village or pretreatment standards) shall be reported. The sample shall be representative of daily operations.
(b) A minimum of four grab samples must be used of pH, cyanide, total phenols, oil and grease, sulfide, and volatile organics. For all other pollutants, 24-hour composite samples must be obtained through flow-proportional composite sampling techniques where feasible. The village may waive flow-proportional composite sampling for any industrial user that demonstrates that flow- proportional sampling is infeasible. In such cases, samples may be obtained through time-proportional composite sampling techniques or through a minimum of four grab samples where the user demonstrates that this will provide a representative sample of the effluent being discharged.
(c) The user shall take a minimum of one representative sample to compile that data necessary to comply with the requirements of this section.
(d) Take the samples immediately downstream from pretreatment facilities if such exist, or immediately downstream from the regulated process if no pretreatment exists. If other wastewaters are mixed with the regulated wastewater prior to pretreatment, in order to evaluate compliance with the national categorical pretreatment standards, the industrial user shall measure the flows and concentrations necessary to allow use of the combined waste stream formula of 40 CFR 403.6(e) of the General Pretreatment Regulations. Where an alternate concentration or mass limit has been calculated in accordance with 40 CFR 403.6(e) of the General Pretreatment Regulations, this adjusted limit, along with supporting data, shall be submitted to the village.
(e) Sampling and analysis shall be performed in accordance with the techniques prescribed in 40 CFR Part 136 and amendments thereto. Where 40 CFR Part 136 does not contain sampling or analytical techniques for the pollutant in question, or where the Administrator determines that the Part 136 sampling and analytical techniques are inappropriate for the pollutant in question, sampling and analysis shall be performed by using validated analytical methods or any other applicable sampling and analytical procedures, including procedures suggested by the POTW or other parties, approved by the Administrator.
(f) Submit only with village authorization a supplemental permit application/baseline report which utilizes only historical data, so long as the data provides information sufficient to determine the need for industrial pretreatment measures.
(g) Provide for each report the time, date, and place of sampling methods of analysis and certification that such sampling and analysis is representative of normal work cycles and expected pollutant discharges to the POTW.
(6) The industrial user shall provide a statement, reviewed by an authorized representative of the industrial user and certified by a qualified professional, indicating whether national categorical pretreatment standards are being met on a consistent basis and, if not, whether additional operation and maintenance (O&M) and/or additional pretreatment is required for the user to meet the national categorical pretreatment standards and requirements; and
(7) If additional pretreatment and/or O&M will be required to meet the national categorical pretreatment standards, the user will provide the shortest schedule which will provide such additional pretreatment and/or O&M. The completion date in this schedule shall not be later than the compliance date established for the applicable national categorical pretreatment standard.
(a) Where the industrial user’s national categorical pretreatment standard has been modified by a removal allowance (40 CFR 403.7), or the combined waste stream formula (40 CFR 4016(e)), or net-gross calculations (40 CFR 403.15), at the time the industrial user submits a baseline report, the information required in subdivisions (6) and (7) of this division (D) shall pertain to the modified limits.
(b) If the national categorical pretreatment standard for the industrial user is modified after the application for a supplemental wastewater discharge permit is submitted, the user shall make any necessary amendments to information provided as a response to subdivisions (6) and (7) of this division (D) and submit them to the village within 60 days after the modified limit is approved.
(8) The following conditions shall apply to any schedule submitted in response to subdivision (7) of this subdivision (D):
(a) The schedule shall contain increments of progress in the form of dates for the commencement and completion of major events leading to the construction and operation of additional pretreatment required for the user to meet the applicable categorical pretreatment standards (such as hiring an engineer, completing preliminary plans, completing final plans, executing contract for major components, commencing construction, completing construction, and the like).
(b) No increment referred to in subdivision (8)(a) of this division (D) shall exceed nine months.
(c) Not later than 14 days following each date in the schedule and the final date for compliance, the user shall submit a progress report to the village including, at a minimum, whether or not it complied with the increment of progress to be met on such date and, if not, the date on which it expects to comply with this increment of progress, the reason for delay, and the steps being taken by the industrial user to return the construction to the schedule established. In no event shall more than nine months elapse between such progress reports to the village.
(9) Such other information as may be reasonably requested by the POTW.
(10) The village will evaluate the data furnished by the industrial user and may require additional information within 90 days of submission by the industrial user. After evaluation and acceptance of the data furnished, the village may issue a supplemental wastewater discharge permit.
(E) Permit modifications.
(1) General industrial wastewater discharge permits issued to an industrial user will be supplemented by the incorporation of supplemental wastewater discharge permits for a user, which has manufacturing processes regulated by national categorical pretreatment standards. This modification will include the limits on average and daily maximum pollutant concentrations from the applicable national categorical pretreatment standard and serve to include them into the general industrial wastewater discharge permit.
(2) Where the national categorical pretreatment limits are modified, the combined waste stream formula (40 CFR 403.6(e) of the General Pretreatment Regulations), or a fundamentally different factors variance (40 CFR 403.13 of the General Pretreatment Regulations), the limits as modified shall be made a part of the supplemental wastewater discharge permit.
(3) Where an industrial user has manufacturing processes which are regulated by more than one national categorical pretreatment standard at the same permitted discharge location, the limitation in the supplemental wastewater discharge permit shall be adjusted consistent with USEPA guidelines and regulations.
(F) Permit conditions. Discharge permits shall be expressly subject to all provisions of this chapter and all other applicable regulations, user charges, and fees established by the village. General and supplemental permits may contain the following:
(1) The wastewater discharge permit shall include the limits on daily maximum and average pollutant concentrations from the applicable pretreatment standard (which includes federal, state, and local limits) whichever is more stringent.
(2) Limits on average and maximum rate and time of discharge or requirements for flow regulations and equalization for each separate discharge of a user.
(3) Requirements for installation and operation of inspection, sampling, and monitoring facilities.
(4) Specifications for monitoring programs, which may include sampling locations, frequency of sampling, number, types and standards for tests, and reporting schedule.
(5) Compliance schedule.
(6) Requirements for submission of technical reports or discharge reports.
(7) Requirements to retain for a minimum of three years any records of monitoring activities and results relating to wastewater discharge and for affording the village access to said records.
(8) Requirement for notification of the village of any new introduction of wastewater constituents or any substantial change in the volume or character of the wastewater constituents being introduced into the wastewater treatment system.
(9) Requirements of notification of slug discharges as contained in this chapter.
(10) Other conditions as deemed appropriate by the village to ensure compliance with this chapter.
(11) Requirements that permittee allow the POTW or its representatives ready access upon presentation of credentials at reasonable times to all parts of its premises in which a discharge source or treatment systems is located or in which records required by this chapter are kept for the purposes of inspection, sampling, examination, and photocopying of said records and for the performance of any of their duties.
(12) Requirements that permittee provide such information to the POTW as may reasonably be required from time to time.
(G) Change in condition. In the event the type, quality, or volume of wastewater from the property for which a discharge permit was previously granted is expected to materially and substantially change as determined by the permittee or the village, the person previously granted such permit shall give 30 days notice in writing to the village and shall make a new application to the village prior to said change, in the same manner and form as originally made, provided that information previously submitted and unchanged need not be resubmitted by permittee. No permittee shall materially and substantially change the type, quality, or volume of its wastewater beyond that allowed by its permit without prior approval of the village.
(H) Duration. Permits shall be issued for a specified time period, not to exceed five years. The user shall apply, on a form provided by the village, for reissuance of the permit. Upon reissuance, any applicable provisions of the supplemental wastewater discharge permit issued during term of the expiring general wastewater discharge permit shall be incorporated as conditions of the new general water discharge permit. The terms and conditions of the permit may be subject to modification by the Board during the term of the permit as limitations or requirements as identified in §53.041 are modified or other just cause exists. Where the national categorical pretreatment standards are modified by a removal allowance (40 CFR 403.7) or fundamentally different factor variance for non-toxics (40 CFR 403.13) of the General Pretreatment Regulations, the limits as modified shall be made a part of the wastewater discharge permit and shall be adjusted consistent with USEPA guidelines and regulations. The user shall be informed of any proposed changes in his or her permit at least 30 days prior to the effective date of change. Where any changes are made in user’s permit, a reasonable time shall be given to achieve compliance.
(I) Transfer. Wastewater discharge permits are issued to a specific user for the process activity specified in the permit. A wastewater discharge permit shall not be assigned, transferred, or sold to a new owner or new user in different premises or to a new or changed operation in the same or different premises without the approval of the village. If the premises are sold or otherwise transferred by the permittee to a new owner who will maintain the operation in the same premises, then the permit held by the seller shall be reissued by the Board to the new owner as a temporary permit, provided that the new owner shall immediately apply for a new permit in accordance with this chapter and further provided that the temporary permit shall only be effective for 90 days after the date of sale or transfer. The village shall have the same remedies for violation of temporary permits as it has for violation of other discharge permits.
(J) Notification of the discharge of hazardous waste. The industrial user shall notify the POTW, the EPA Regional Waste Management Division Director, and state hazardous wastes authorities of any discharge into the POTW of a substance, which is a listed or characteristic waste under Section 3001 of RCRA (42 USC 6921). Such notification must include a description of any such wastes discharged, specifying the volume and concentration of such wasters and the type of discharge (continuous, batch, or other), identifying the hazardous constituents contained in the listed wastes, and estimating the volume of hazardous wastes expected to be discharged during the following 12 months. This requirement shall not apply to pollutants already reported under the self-monitoring requirements of 40 CRF 403.12(b), (d), and (e). This provision does not create a right to discharge any substance not otherwisepermitted to be discharged by this chapter, a permit issued thereunder, or any applicable federal or state law.
(Ord. 03-19, passed 10-20-2003) Penalty, see §§ 53.090 through 53.099